Question: 3) A) Elonis v. U.S. involves a defendant who posted a series of Facebook messages that law enforcement deemed threatening to others. The defendant argued
3) A) Elonis v. U.S. involves a defendant who posted a series of Facebook messages that law enforcement deemed threatening to others. The defendant argued that he was an artist and, like the famous musician Eminem, he was (in some of the messages, at least) merely expressing himself through song lyrics. Nonetheless, the trial court judge instructed the jury that it could convict Mr. Elonis if it found that he had negligently threatened others. Mr. Elonis was convicted and appealed. He argued that negligence was not a sufficient mens rea standard for conviction and that the prosecution should have had to have proved that he had intended to threaten others with his posts. How did the Supreme Court of the United States decide this case? Of the mens rea standards considered in this case, which is the minimum standard the prosecution must prove to convict someone of this crime? Your answer should explain how the terms specific intent, recklessness, and negligence are distinct from one another.
B) Do you agree with the Courts decision in this case? Explain.
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